Have put some points where we need clarity from our lawyers regarding the new changes introduced

under the Maternity Benefits Act, in particular the implementation of crèche facility for employees.
Can you please ask our lawyers to give their advise ? Feel free to add any point we may have missed.

1. Can a company ask the employee to share part of the cost of providing the crèche?
2. Till what age of the child is the company obliged to provide creche facility?
3. If a woman has 3 children, is the company required to provide crèche facility for the third child ?
4. If a woman employee adopts a child, will the child be eligible for crèche facility?
5. If a female employee opts to use a crèche facility situated close to her home and the company
reimburses her crèche expenses, will this be allowed under law ?
6. For employees in NCR region or metro cities, where long commutes are normal and it’s not
feasible nor safe for a young child, can the company tie up with crèche near where employees are
staying ? This will avoid the need for the children to travel / commute. Is this allowed by law?
7. Is the company required to provide food for the children in the crèche ?
8. Employer is supposed to provide Work from Home (WFH) facility post maternity leave. Is it
mandatory to provide Work From Home (WFH)? What are the criteria for deciding whether to
approve WFH? How long is an employer is supposed to provide WFH ?
9. As per the new change in the law, the employer is required to allow an employee to visit crèche 4
times in a day. If the crèche is not situated within the office , is the employer required to provide
transportation or reimburse transport expenses of employees for visiting the crèche ?
10. Is employer supposed to obtain an declaration from employee to confirm whether employee is
availing benefit within permissible number of surviving children allowed by the Act. (182 vs 82
days maternity leave)
11. Whether reimbursement made to employee on account of crèche will be treated as benefit and
employee to borne tax on the benefit?